Colleen’s practice centers on IP and IT, from both a corporate and litigation perspective. She assists clients with their IP portfolios, with IP and IT transactions and with litigation in the Ontario and Federal Courts. She is recognized in Canada as a leading expert in her field. Colleen has written extensively and is a frequent speaker in her area. She is sought out as an expert in her field. She works closely with her clients with respect to their international strategies for revenue generation. Her clients include multi-national companies, as well as small to mid-sized companies.Colleen has experience in all aspects of matters dealing with IP and IT with start up companies and entrepreneurs. Colleen also has a Bachelor of Science in Pharmacy and has practiced as a pharmacist.
As part of the implementation of various changes to Canadian Trademark Laws, the Federal Government of Canada released in June, 2017 the new proposed Trademark Regulations for public consultation. Canada has been modernizing its trademark law, including by moving to join three International Treaties administered by the World Intellectual Property Organization (WIPO) dealing with trademarks. … Continue Reading
The plaintiff in a copyright infringement action has the option to choose to receive statutory damages rather than to establish its actual quantum of damages it has suffered. Statutory damages range from a minimum of $500 to a maximum of $20,000 for the infringements related to a given work. A plaintiff might choose statutory damages … Continue Reading
The mattress business is a competitive one! Trade-marks in the mattress business are valuable! Sleep Country Canada Inc. is a major mattress retailer in Canada. It is best known for its slogan “Why Buy a Mattress Anywhere Else?”. It owns two Canadian trade-mark registrations for this slogan. This trade-mark, together with its accompanying musical jingle, … Continue Reading
Industrial design registrations under the Industrial Design Act (the “Act”) are similar to design patents in the US. They protect the features of a product that are visually appealing and not purely utilitarian. They can consist of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form, … Continue Reading
Under the Canadian Trade-marks Act, one can request that the Registrar of Trade-marks commence Section 45 Proceedings to cancel a trademark registration for non-use. The Act states that the Registrar shall, upon the written request by any person (who pays the prescribed fee) after three years from the date of registration of a trademark, unless … Continue Reading
As of September 28, 2015, the Canadian Trade-marks Office (“CIPO”) indicated that it accepts trade-mark applications with the goods and services grouped and classed according to the Nice Classification system. CIPO issued a Practice Notice entitled Nice Classification on September 28, 2015. Prior to September 28th, the Nice classification system was not used in Canada … Continue Reading
I spent years at my office watching the gradual construction of the 70-story mixed-use TRUMP TOWER complex in downtown Toronto, Canada. It is now a Toronto landmark and a place for the lawyers and bankers in the financial district to wine and dine clients. Trump, two of his affiliated companies (Affiliates) plus the licensed developer … Continue Reading